NY A10358

Changes "may" to "shall" requiring recovery of reasonable costs and attorney's fees in anti-SLAPP actions when the public petition claim lacks substantial basis in fact and law.

Expands the definition of "action involving public petition and participation" to include any communication in a public forum on issues of public interest or lawful conduct related to free speech and petition rights.

Adds new subdivision (b) establishing a 60-day filing deadline for anti-SLAPP counterclaims, with court discretion to allow later filing on proper terms.

Distinguishes between compensatory damages (requiring demonstration of harassment or malicious intent) and punitive damages (requiring demonstration of sole purpose to harass or inhibit constitutional rights).

Takes effect immediately and applies to actions, cross claims, or counterclaims commenced on or after the effective date.